Bankruptcy Proof of Claim

How it works.

If you are a creditor and you have been sent the proof of claim form (form #B 410) by a bankruptcy court, we can help file your proof of claim for the flat rate of $500 in most cases. For seaman claims, we may file your claim for no upfront cost to you on fisherman wage claims and for Jones Act injuries. (206) 651-5879.

What is a Proof of Claim?

A “Proof of Claim” is the official form that a potential creditor must submit regarding any claim the creditor believes it has against a debtor in bankruptcy, including any amounts owed as of the date of the bankruptcy filing (i.e. “pre-petition”). The Proof of Claim must be filed in the district where the case is pending or with a claims agent.

A Proof of Claim must be received by the Bar Date, which is usually provided by a bankruptcy court in a document accompanying the proof of claim form. Bankruptcy Rule 3001 covers proofs of claim.

What is a Bar Date Notice?

The Bar Date Notice provides information about, among other things, the Bar Date, how to file a Proof of Claim and who must file a Proof of Claim.

The Bar Date is a deadline set by the Bankruptcy Court for filing a Proof of Claim against any of the debtor or debtors.

A Proof of Claim must be received by the Bar Date set by the bankruptcy court.

Why did I receive a Bar Date Notice and Proof of Claim? Does this mean that I have a claim?

The Bar Date Notice and Proof of Claim form likely were sent to all entities and individuals that the Debtors’ records indicate have done business with, or may have a potential claim against one or more of the Debtors.

Receipt of a Bar Date Notice and Proof of Claim does not mean you have a claim against any of the Debtors. You should only submit a Proof of Claim if you believe you have a claim against the Debtor or Debtors, including for unpaid prepetition amounts.

Do I need to file a Proof of Claim?

Yes, if you want to preserve your rights for possible payment you must properly file a proof of claim by the court set deadline for filing proofs of claims. The Proof of Claim form should set forth the basis for your claim and must be received by the time provided in the Bar Notice to be included in the claims process.

If I file a Proof of Claim will I automatically be paid for my pre-petition amount?

No, filing a Proof of Claim does not, among other things, automatically qualify you to be paid in full for a pre-petition claim. In some bankruptcy filings, different classes of creditors are created and they are treated differently, and that is one of the ways we can help you in presenting your claim.

What Can Happen If I File a Fraudulent Proof of Claim?

A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157 and 3571. Source: Official Form 410.

What Information Is Private?

Because the Bankruptcy case file and your Proof of Claim form will be open to the public, the Proof of Claim form and any attached documents must show only the last 4 digits of any social security number, an individual’s tax identification number, or a financial account number, only the initials of a minor’s name, and only the year of any person’s date of birth. If a claim is based on delivering health care goods or services, limit the disclosure of the goods or services to avoid embarrassment or disclosure of confidential health care information. You may later be required to give more information if the trustee or someone else in interest objects to the claim. Redaction of information: Masking, editing out, or deleting certain information to protect privacy. Filers must redact or leave out information entitled to privacy on the Proof of Claim form and any attached documents. Redaction of information: Masking, editing out, or deleting certain information to protect privacy. Filers must redact or leave out information entitled to privacy on the Proof of Claim form and any attached documents. Source: Official Form 410.

What We Can Do.

We can file your Proof of Claim under your name in most cases for the flat rate of $500 in most cases. When the court responds we can help you by reviewing the information provided to you by the bankruptcy court regarding your priority and whether your claim is contested by the trustee.

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